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Sold my house but worried tenant wont leave

2

Comments

  • pinkshoes
    pinkshoes Posts: 20,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Firstly, have you protected her deposit in one of the three government schemes?

    If not, then your S21 is invalid, so you'll need to protect the deposit, THEN issue an S21, which means it would be for 5th July now.

    If you have, the if she doesn't move out, you'll need to apply to the courts, and then get the bailiffs in. Bearing in mind the council will probably advise her to stay until the bailiff knocks on the door...

    You will NOT be able to exchange contracts until the property is vacant, so you may want to explain this to your buyer.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    OP, as you seem a little vague on the intricacies of being a LL, you must answer Pinkshoes' question - have you protected the tenant's deposit in one of the govenment schemes and given her the prescribed information from that scheme?

    If not, sadly your Section 21 is now worthless, and you are not looking at your tenant possibly moving any time soon - you need to start over, and quickly, if you stand any chance of keeping your buyer interested ...
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    You've received good advice and relevant questions above.

    1) Either sell the property with the tenant in place, to another landlord whi is willing to buy the priperty AND the tenancy. Bear in mind a landlord/investor like this will not pay as much as option 2 below.

    2) Or wait till your tenant is out and THEN sell your property with vacant possession.
  • missile
    missile Posts: 11,813 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I agreed to let a new tenant move in on a 6 month contract back in Dec 2011, even know i knew she had 3 kids (its only a 2 bed) and she was on benefits (gave her the benefit of the doubt and am a nice person!). .

    That was your mistake and you have learned a hard lesson.:A
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • haras_nosirrah
    haras_nosirrah Posts: 2,208 Forumite
    G_M wrote: »
    You've received good advice and relevant questions above.

    1) Either sell the property with the tenant in place, to another landlord whi is willing to buy the priperty AND the tenancy. Bear in mind a landlord/investor like this will not pay as much as option 2 below.

    2) Or wait till your tenant is out and THEN sell your property with vacant possession.

    Neither of the above will work in the op's situation as its a shared ownership property she's been trying to sell for 4 years so it can't go to an investor as the buyer has to be approved by the housing association.

    OP I'm a mortgage advisor where the same thing happened to one of my clients but she was the buyer. In that instance the seller had rented out without permission and we didn't find out till near exchange that there was a tenant there and that they were not going to move without force. The deal went through but took 9 months (3 to get to original point
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • haras_nosirrah
    haras_nosirrah Posts: 2,208 Forumite
    Struggling with phone typing
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • haras_nosirrah
    haras_nosirrah Posts: 2,208 Forumite
    Original point of exchange and 6 to get tenant out mainly as s21 was invalid as deposit wasn't protected. Find out your buyers timescale and get tenant out ASAP
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • teeni
    teeni Posts: 1,193 Forumite
    Part of the Furniture Combo Breaker
    zappahey wrote: »
    Only one scheme actually holds the money. The other two schemes are insurance based, where the landlord, or their agent, holds the money.
    True but the question really was is th edeposit protected not which of the schemes it was in
  • squirehorse
    squirehorse Posts: 43 Forumite
    Deposit is indeed protected, it was let though a lettings agent (NB, had a really bad experience with them - they didn't get references, they let her move in the day before i'd actually signed and returned the contract - unbeknown to me! Didn't do an itinerary or meter readings and i am sure they knew she wasn't going to be the best tenant, the guy just wanted his commission...but that is a different story!). Section 21 should all be correct - have had this checked. The H.A. will not let me sell to an investor, the buyer is, thankfully, very keen and aware of the tenant being there and not being the best in the world. And as for the negative comments (from tenants i presume!) about 'chucking her and kids out on the street', i too have children and putting food on the table and a roof over their heads is more important to me than worrying about someone who is intentionally a pain in the bottom!
  • poppy10_2
    poppy10_2 Posts: 6,595 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Do you have consent to let from your current mortgage lender?
    poppy10
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